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ST. PAUL FIRE & MARINE INS. CO. v. TYLER

No. 78,985.

26 Kan. App.2d 9 (1999)

974 P.2d 611

ST. PAUL FIRE AND MARINE INSURANCE COMPANY and KANSAS HEALTH CARE STABILIZATION FUND, Appellants, v. PATRICIA B. TYLER, Appellee.

Court of Appeals of Kansas.

Opinion filed February 19, 1999.

Attorney(s) appearing for the Case

Arthur S. Chalmers, of Kahrs, Nelson, Fanning, Hite & Kellogg, L.L.P., of Wichita, for the appellants.

Michael J. Dutton and Arlen L. Tanner, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, for the appellee.

Before ROYSE, P.J., LEWIS, J., and THOMAS E. MALONE, District Judge, assigned.

LEWIS, J.:

St. Paul Fire and Marine Insurance Company and the Kansas Health Care Stabilization Fund sued defendant Patricia B. Tyler on a theory of implied indemnity. For the purposes of this opinion, we shall refer to St. Paul Fire and Marine Insurance Company and the Kansas Health Care Stabilization Fund as "St. Paul." The trial court granted summary judgment in favor of Tyler, and St. Paul appeals.

This lawsuit is one which is bizarre in many respects....

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